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HomeMy WebLinkAbout2017-07-19 Board of Health MinutesF k Town of Reading s Meeting Minutes Board - Committee - Commission - Council: Board of Health Date: 2017-07-19 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Time: 5:30 PM TC 1011 f::1,;; 11 P 5. L, ? I Location: Berger Room Session: General Session John Costigan, Chair, Beth Shurland, Nancy Docktor, Associate Members - Not Present: Others Present: Dan Ensminger, BOS Liasion, Andy Friedmann, Kyle Krupa Minutes Respectfully Submitted By: Darlene Foley Topics of Discussion: Board of Health meeting came to order at 5:30 pm on July 17, 2017 in the Berger Room of Reading Town Hall. Minutes Minutes of June 21, 2017 were presented. Motion was made by Shurland to accept the minutes with corrections, seconded by Docktor. Motion passed 3:0 Chair Report Costigan reported that Maureen Buzby, Regional Tobacco Control Coordinator had completed three visits to tobacco establishments. The first was to hand deliver notice of the public hearing, second in April to hand deliver the new signed tobacco regulations and in July to ensure everyone was aware of the regulations and answer any questions before the regulation becomes effective on August 1, 2017. Another visit will occur about a month after the effective date to check for flavored products. Warning tickets would be issued for any restricted products found. Fines will be issued for subsequent non-compliance. The letter to Representative DeLeo was mailed in support of House Bill 2864, an act to protect youth from the health risks of tobacco and nicotine addiction. The bill is still in the public health committee and has not been brought to the floor. Costigan will contact Senator Jason Lewis to get his opinion. Communication was received from Laura Vlasuk regarding a presentation being sponsored by the Reading Health Division and East Middlesex Mosquito Control about mosquitoes and ticks which will be held at the Reading Public Library on July 31St Page 1 1 Health Agent Cheryl Sbarra, Legal Aide through MAHB was contacted for clarification regarding the appointment of a health agent and she provided very clear suggestions. The information provided was also run by the Attorney General's (AG's) office. Both offices concurred the Board of Health (BOH) was allowed or qualified to go into executive session. Docktor requested the Chair to call for an executive session for the sole purpose of discussion of giving notice. Sbarra had reviewed the Home Rule Charter and stated that while all personnel issues are handled by the Town Manager, the Board is allowed to go into executive session. The Attorney General's office stated it was not an executive session to discuss the qualifying reason; it is an executive session for the sole purpose to discuss giving notice, meaning the board would be planning an executive session, only to discuss notice in terms of schedules. The Board would be allowed to discuss notice; however, the tape must be turned off, the room would be cleared with only board members allowed to stay, roll call would be taken and someone would take notes. Ensminger stated he was confused and asked what the board was giving notice for. Docktor responded the Board may go into executive session purely for the purpose of discussing giving notice. Ensminger again asked to give notice for what. Docktor responded giving notice to plan. The Board qualified under the first reason required for an executive session to be held which is to discuss the reputation, character, physical condition, mental health, rather than professional competency of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against a public officer, employee, staff member or individual. The individual to be discussed in such an executive session shall be notified in writing by the public body at least 48 hours prior to the proposed executive session; provided however that notification may be waived upon written agreement of the parties. The Board would not be talking about the qualifying reason in this session. Costigan asked what the reason was for the board to meet. Docktor responded the meeting would be to plan, due to schedules, vacation and availability of the board. Docktor had received clear guidelines of what the Chair has to do for notifying the person that is to be discussed. Shurland inquired if a 48 hour notice had to be given for any executive session. Docktor replied yes; however, this was different because no one else is affected except the three board members. If the three members decided at this time to waive that requirement, they may do that in order to plan to go into executive session at a later date. Ensminger asked if this was run by town counsel. Doctor stated this is what she was going by in terms of Cheryl Sbarra who had read the Town Charter and the AG's office in terms of what qualified for executive session. Costigan asked if it was the opinion of the Board that they should plan an executive session because of information received regarding the character of an employee. Docktor stated it was strongly encouraged to do so by the attorney who had the same information the three board members had. Shurland stated they had to agree to set up a time to meet as a Board for the sole purpose of discussion of giving notice of a future executive session; that was all that is allowed to be discussed. Shurland asked if a motion was required to do that. Docktor stated the chair can be directed to make the motion; he would have RCN turn off the tape, everyone would leave the room, the door would be closed and he would direct everyone that the board would be returning to open session. Ensminger asked if the executive session was on the agenda for tonight's meeting; generally that would be stipulated on the agenda to notify the public. Docktor stated she is going by what she had been given by the Director of Policy and Law to do in the next Board of Health Meeting. Information provided by the AG's office states if a discussion topic was proposed after the meeting notice was posted and it was reasonably anticipated by the chair more than 48 hours before the meeting, the public body should update its posting to provide the public with as much notice as possible; although the public body may consider a topic that was not listed in the meeting notice if it was not anticipated. The Attorney General strongly encourages public bodies to postpone discussion and actions on topics that are controversial or may be of particular interest to the public if they were not listed in the meeting notice. Page 1 2 Docktor stated she was not sure if the Board's schedules were of public interest or controversial. Docktor stated she was being very careful to make sure the BOH follows all of the regulations. Costigan made a motion to go into executive session to discuss scheduling. Shurland seconded the motion. Ensminger stated the motion has to stipulate the reason for executive session; that being the qualifying reason 1 through 10. Docktor stated although the reason pertains to #1, they were not discussing item #1; they were meeting for the sole purpose to discuss scheduling. Meeting was adjourned at 5:50 pm for executive session and Costigan directed the Board would return afterwards to open session. At 5:57 pm the meeting reconvened to open session. The second issue addressed was regarding the health agent appointment. According to Jean Delios at the last meeting the board was told that they were not allowed to appoint the health agent temporarily; the town does not allow that. Costigan asked if she had the authority to tell the board that. Docktor was unable to find anything in the charter about that. According to suggestion from Sbarra and in an email received on July 18th from Town Counsel, it basically said the charter dictates all personnel issues are handled by the town manager; the town manager can hire or not hire. The Board cannot hire; they can only appoint and authorize. It was the suggestion of Sbarra the Board may temporarily appoint the health agent until which time the Human Resources Department (HR) concludes its investigation. The problem with that was according to Donna Pierce, no one from the town, town counsel or HR had contacted her regarding the letter that was shared with HR and the Town on June 18th. As a Board, they must direct the town to open an investigation into the public health nurse's allegations and concerns. Shurland asked for clarification about which letter was being referred to. It was an email the public health nurse sent to Shurland, which was then forwarded to board members. Costigan then shared the email with Ensminger seeking an opinion and asking if the town had instituted any procedures. Shurland questioned that Pierce had not reached out directly to the town. Docktor stated the town needs to reach out to Pierce directly. Costigan asked why the town would have an issue if nothing was brought to them. Docktor could only state from her experience working with battered women, child abuse and elder abuse, that when you have allegations, you must investigate. Costigan asked if she was saying that the letter he sent to the town liaison was sufficient for investigation. She stated it was and also was according to the Director of Policy and Law; in fact directs the town and said she assumes that this was being done. Whether it is the BOH, the manager through Human Resources or someone else, it needs to be followed up. As a board, they may direct the town to follow up on the concerns of the public health nurse. Docktor stated this would be a way of clearing a lot up. Costigan stated he had brought that up with the Town Manager and it was the opinion of the Town Manager there was nothing in the letter that was of substance to start an investigation. Docktor replied there was enough substance that two lawyers have weighed in very differently from the town manager. She stated it would be nice to clear the air and move forward as this was holding up a lot of what the board would like to do. It would be good to move forward and let them do what they do; it was not the purview of the Board, but they could direct them to follow up on those concerns. Costigan said he would restate their case. Shurland asked what the process was for the board to request an investigation and what if the request was refused. Costigan responded that he thought it had already been decided that there was no cause for an investigation. Docktor said as a Board they could make a simple request to the town; the email from Cheryl Sbarra could be shared with town counsel and the town manager. Sbarra had stated it was an issue for town counsel. Docktor stated the letter shared by Costigan from Town Counsel was given to a lawyer to reduce the legalese for her in terms of what it said. It basically said the Board could vote not to delegate; they did not have to appoint. They could appoint anyone to give them the health reports temporarily, whether it was Bob Bracey, who technically is still the Health Agent. If he is not on the town payroll, the town inspector John Fralick could be temporarily Page 1 3 appointed by the board to give them the reports as their agent. No one could do anything without the authority of the Board. Docktor asked if Costigan had received all of the health reports from Bob Bracey who was still the health agent. Costigan responded he had not received any reports since the last one all board members had received. It was a concern that the Board has a health agent who is not giving them their reports, which in turn makes them unable to do their job, because they have a health agent who is not reporting to them. Docktor asked Darlene Foley to give them the reports. Foley stated she did not have a lot of information to report. She had just received in the past of week a number of inspections that John Fralick had done. Shurland asked what happens to the inspection reports when received. Foley stated they normally go to the health agent for review. If any issues are noted they would be addressed. When she receives the reports, they are recorded, entered into laser fiche and filed. During this process she obtains some background information so if someone calls she is able to direct them to the proper person. Prior to those inspections recently received very few items had come across her desk. Docktor stated the concern that for the past two months the board had not been receiving any reports. Costigan said he spoke briefly with Bracey who assured him there was nothing of any emergency that required the Board; but he had not had a report in over a month. Shurland asked who is doing the work of the public health nurse. Costigan stated he was hoping to ask Jean Delios at this meeting. No one had notified Costigan, so that was a concern that the board had no information and are unable to do their job. They needed the reports from the health agent and also wanted to know what was going on with the public health nurse as those reports are very essential. Docktor asked Costigan if he had any sense of where that was, if the position had been posted or what had been done. Costigan had not been informed but will inquire. Docktor asked if the board could get from the health agent all correspondence/emails that had occurred between the health agent, Laura Vlasuk and town management. Costigan asked if this was something the Board had the authority to do that could be obtained under freedom of information. Docktor stated Vlasuk was on record saying she was reporting to everyone, so she couldn't imagine there would be anything that shouldn't be open to the Board. Costigan did not know that answer to that and he was uncomfortable requesting that information because he didn't know if it was their purview to. Docktor responded it was their purview because it was about the health department. They would like to have any email communications between the health agent and town management, with a list of meetings and their agendas twenty-four hours before their next meeting. Shurland stated the Board is mandated by the State to make sure inspections are being done. If they cannot get the reports they can't obey the laws that they are mandated to obey. Costigan stated the inspections are being done. Shurland said that the board has no proof of that. Friedmann stated the board was legally responsible to the State, not the Selectmen, Town Manager or anyone else. The board members have to make sure state laws and regulations are being obeyed; that is why the reports were always received. Costigan stated he had been assured that there were no emergencies. Docktor stated that was not sufficient because they need to review the reports. It was not Bracey's position to say not to worry about it; he has to give the board the information. Shurland reiterated that not having a public health nurse, not having diseases reported was troubling because that was one of the board's jobs as well as food inspections. She inquired if someone was getting those reports, where were they going, how they were being managed. She felt something had to change; they could not keep going month after month because they didn't have an appointed health agent. Docktor had previously inquired why a police officer was sent to the last Board of Health meeting and asked if Costigan had received any answers. Costigan stated that according to the town manager he wanted to make sure everyone was safe. Docktor inquired what the threat to public safety was. Costigan said that was not clear. Docktor inquired if he was told why no one on the board was notified of the possible threat for their safety and Costigan replied the town manager did not mention that. Shurland felt that was distressing because if the public safety was at risk, the board should know before walking into a room. Page 1 4 Since she has been a member of the board, this was the first meeting where a police officer was in attendance for their safety. Costigan believed there was a rumor that a lot of people were going to attend the meeting. As it was an open meeting, the members felt it was even more of a concern that the board was not notified of what the threat was. Costigan didn't take the threat that seriously. The members felt that it was not the police officer's presence that was disturbing, but the idea that he needed to be there. The members also felt there needs to be a follow up with Town Manager regarding the lack of communication. Costigan asked if the members had read the communication from town counsel. Town Counsel's opinion was that the town manager could appoint a health agent because it was not restricted in the town charter. Docktor stated that the appointee by the town manager would have a title but no authority to act for the Board of Health and that Board of Health records could not be given to a person without authority. If the board were to lose the current health agent, they could appoint John Fralick to give them the reports. They could not do anything temporarily because of what they were told about personnel restrictions. Costigan asked for clarification on that. Friedmann stated according to Reading Health Regulations the Board appoints the health agent who then acts on their behalf on state mandated requirements. The Board was in agreement that as the hiring authority, the town manager could appoint with the title of health agent, but without the board voting to give authority to the health agent to act on their behalf, it was a title only. Docktor stated the Charter authorizes the town manager to appoint an employee to work under the board but to reserve to the board the authority to delegate its powers as described in MGL Chapter 111. Costigan opined that the Board should consider doing so. Docktor had reservation in doing so without all of the other issues being resolved before they could move forward. Ensminger asked for clarification of the last statement regarding the issues; Shurland said the board could not discuss it. Pesticide Regulations The updated draft regulations were sent to town counsel for review. Costigan discussed the section regarding town owned land, specifically the tree lawn and sidewalk with the town manager who did not denote any problems with what was written but wanted to further review the document. Shurland inquired about the time line to complete the approval process, including sending the final draft to Jane Kinsella, Public Works Department and the scheduling of a public hearing. Open Discussion Shurland discussed a recent report she had read with statistics provided by RCASA regarding the number of overdose deaths in Reading. From December 2000 through June 2017 there were 80 overdose deaths, 63 of which were due to opioids. They did not have a year by year breakdown. She felt this was a very important issue for the board to take on collaboratively with others such as RCASA, RPD, Library, School Committee, YMCA, mental health professionals and to include young people, or those who are addicted or know people who are addicted. Friedmann stated that RCASA would be releasing further data in September. This issue will be put on the agenda for September. Docktor stated the website of the Marblehead Board of Health had a wonderful resource page and noted another web page gave clear cut directions for administering Narcan which may be something that could be done on Reading's web page. It was noted that the Gloucester Police Department also has a really unique program. Being a volunteer board they are somewhat limited in what they can do but they can provide education and have resources available on the web page. Page 1 5 Next meeting is scheduled for August 16, 2017. Meeting adjourned at 6:35 pm. Materials Distributed: Draft minutes of June 21, 2017 Page 1 6