BOH minutes 3-25-24 (1) City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Date: March 25,2024
Place: Beverly Council on Aging Building Suites A& B
Board members present: Dr.Justin Jordan,Rachel Morse,Esq.,Dr. Sheryl Silva
Others present: Laura DelleChiaie,Director, Teresa Kirsch,Public Health Nurse,Delaney Mansfield,
Assistant Animal Control Officer,Jesse Dole, City Solicitor
Recorder: Lynne DePiero
Dr. Jordan called the meeting to order at 6:32 p.m.
The minutes from the February 28, 2024 meeting were approved with the following amendments. In
Ms. DelleChiaie's updates about the site visit with A-1 Pest control, remove the last sentence
regarding the Board not approving a rodent control fee. Also, remove Dental practice and Dentist's
name from the Dental Clinic update. Ms. Morse motioned to approve the amended minutes—Dr.
Silva seconded—All in favor.
HEARING REQUEST: Blue Moon Smoke Shop— second offense for entry of a person under
21-years-old into an adult-only (21+) retail tobacco store:
Representatives from Blue Moon Smoke Shop and Attorney Corain McGinn were present and
provided testimony. This was Blue Moon's second offense for entry of a person under 21-years-old
into an adult-only tobacco store. The Board discussed that this establishment, which has 1 of the 2
adult-only(21+)tobacco permits in the City, should be mindful and diligent about following the
rules and regulations. The Board also discussed how they purposely revised the tobacco regulations
for the City of Beverly so that the penalties for suspensions and fines were severe to help improve
compliance. Ms. Morse motioned to deny their request and hold Blue Moon Smoke Shop
accountable for the violation and punishment of a$2,000.00 fine and a 7-day permit suspension. Dr.
Silva seconded—All in favor.
HEARING REQUEST: Application for Keeping of Animals — 14 Hillcrest— Susanna Noon—
request for 6 chickens:
Ms. Noon was present for the hearing. Officer Mansfield stated that she inspected the location and
found no concerns. The coop is not built yet but all set backs are met. Ms. Morse motioned to
approve the application. Dr. Silva seconded—All in favor.
Discussion of new tobacco bylaw in Brookline—Banning the sale of tobacco products to anyone
born after January 1, 2000. Ms. Redford suggested if Beverly is interested in adopting this Bylaw it
should be consistent with keeping the same date banning the sale to anyone born after December 31,
1999. The Board is interested in seeing a draft and Ms. Redford will provide it at a future Board
meeting.
Open Public Hearing—BOH Regulations Chapter 13: Fee Schedule— adjust fees related to the
biological safety permits. The Public Hearing was opened at 7:23 p.m.
• The Beverly BOH has a`Biological Safety" regulation (Article XII) that was passed
approximately 10 years ago (1/1/2014).
• The statement of purpose for the regulation follows:
o In order to safeguard the health and welfare of the citizens of the City of Beverly(the
"City"), the City of Beverly Board of Health(the "Board of Health") hereby
promulgates this regulation governing the use of all regulated biological agents (as
defined herein) in the City. The use of regulated biological agents requiring Biosafety
Level 4 (BSL-4) containment(as defined herein) shall not be permitted in the City of
Beverly.
o Unless specifically exempted under this regulation, all research or manufacturing
involving regulated biological agents, as defined below, in the City shall be
undertaken only in strict conformity with the National Institutes of Health Guidelines
for Research ("NIH Guidelines"), the current edition of the Department of Health and
Human Services' Centers for Disease Control (CDC)publication entitled "Biosafety
in Microbiological and Biomedical Laboratories" (BMBL), and all other health
regulations as the Board of Health may from time to time promulgate.
• MGL Ch. 111 sec. 31 gives the BOH the authority to make reasonable health regulations.
• Other municipalities also regulate biological agents. This is not a regulation specifically
relative to Beverly. To name a few:
o Burlington
o Cambridge
o Boston
o Natick
o Bedford
o Boxborough
o Watertown
o Belmont
• Since the inception of the regulations, the Health Department has not been able to keep up
with the permit review and enforcement of Biotech companies due to lack of funding. This is
caused by a boom in the biosafety industry in Beverly as well as the Health Department not
requesting the appropriate amount of funding in many years past.
• The Health Department estimates there are probably 60+ companies operating this type of
work in Beverly.
• Currently 7 of them have permits (and 1 pending).
• There are also issues with noncompliance. We have had some companies who are still in
business apply for this permit in the past, but have not continued to renew their permit every
year despite still operating.
• The Health Department requires a consultant who reviews applications and specializes in
this area and has a background in biochemistry, microbiology,physics and/or engineering
and environmental health and safety—more so an industrial hygienist. Typical health
department staff members do not have this type of background.
• Due to the specialization of the regulation, the Health Department hires a consultant to
review the applications, conduct joint site visits with Health Department staff and provide
technical assistance related to biological safety questions.
• The consultant's rate currently is $2,000 per review and an additional $1,000-$2,000 if the
application is incomplete. For technical assistance (e.g., meetings,phone calls, etc.)the rate
is $195/hr.
• The Board is voting to increase the fee of the permit and pass along the cost of the consultant
review fee and any technical assistance fees to the Department related to regulating
biological agents.
• Funds will go into the City's General Fund and each year the Department Head will ask for
the appropriate amount of funding to continue to permit all biosafety companies in Beverly.
The Board proposed for the permit fee be revised to $500. for a yearly permit with an additional
application review fee at the consultants rate, subject to change at the consultant's discretion.
Ms. Morse motioned to approve the amendments to the fee schedule - Dr. Jordan seconded— all in
favor - Public Hearing closed at 8:00 p.m.
Annual review of Laura DelleChiaie, Health Director:
Ms. DelleChiaie handed out a performance review for the Board to evaluate her first year of service.
Dr. Jordan asked if any of the Health Department staff had any comments or concerns of Ms.
DelleChiaie's last year's performance to email him directly. Dr. Jordan will gather the reviews from
the Board members and staff and meet with Ms. DelleChiaie to review.
Opioid Settlement Funds —Ms. DelleChiaie told the Board that she has received a few resumes from
some qualified candidates and will start the interviewing process. Ms. DelleChiaie will check with
Ms. Teixeira, Director of Human Resources, and Be Healthy Beverly to see if they would like to sit
in on the interviews with herself and Ms. Kirsch.
Ms. DelleChiaie informed the Board that we will be hosting Household Hazardous Waste Day on
Saturday, April 20, 2024.
Ms. Kirsch Updates:
She has completed the biosafety inspections with Todd Dresser.
The Health Department received an amended regulation for camps mid-March. A letter was sent to
camp directors with a copy of the regulation. Camps are starting to submit their 2024 applications
on OpenGov. An in-person camp training is scheduled for Wednesday, April 3rd from 1:30-3:30 at
the Beverly Senior Center. The Community Sanitation Program from the Massachusetts Department
of Public Health will present with support from the North Shore Public Health Collaborative.
Ms. Kirsch and Ms. DelleChiaie will be meeting on 3/28/24 to discuss the body art regulations with
the regional group and finalize a draft that is acceptable to all the regional partners.
North Shore Mother Visiting Partnership has two requests for nurse visits.
Norovirus was reported in a long-term care facility—illness was mild and brief.
She continues to investigate infectious diseases as necessary.
Ms. Kirsch also informed the Board that the Beverly Health Department along with its regional
partners will be starting their diaper drive in April.
Dr. Jordan added that Anchor Bay Church is having a health fair on April 13d'. Ms. DelleChiaie said
we can post a flyer on the website for it.
The meeting was adjourned at 8:27 p.m.
Next meeting April 29, 2024 at 6:30 p.m.
Respectfully submitted by,
Lynne DePiero
Administrative Assistant