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Minutes 12-14 City of Beverly, Massachusetts Public Meeting Minutes Board: Board of Health Subcommittee: Date: December 14, 2021 Place: Beverly Council on Aging Building, 90 Colon Street, Suites A & B Board Members Present: William J. Alpine Jr. Esq. and Susan Higgins Board Members Absent: Others Present: William Burke, Director of Public Health, Teresa Kirsch, Public Health Nurse, David Goodwin, Health Inspector, and Jesse Dole, Assistant City Solicitor Recorder: Karen Alpine Mr. Alpine called the meeting to order at 6:00 p.m. In order to adjust the number of COVID cases reported, Ms. Higgins motioned to conditionally accept the minutes of the Board of Health meeting of November 17, 2021. Mr. Alpine seconded the motion. He then requested to hear the agenda out of order, as the petitioner for the Keeping of Animals permit at 74 Lothrop was delayed getting to the meeting. Mr. Burke had updates for the Board: Mr. Burke related information regarding a possible regional mask mandate was under discussion. He also announced Mark Foster of Emergency Management took possession today of the In- home test kits distributed by the state. The Mayor's office is working on a plan of equitable access for families and individuals, with the kits possibly going to the schools, low income housing, and Beverly Bootstraps. Because the Contact Tracing Collaborative has closed, some regional COVID investigative positions are advertised and are proving difficult to fill. Local communities are now responsible for all the case investigation during a time of greatly increased positive cases. In regard to placing a Physician on the Board,there are several candidates interested. The Mayor will make the final decision. Several tobacco sales establishments have received violations under the City regulations for selling flavored and underpriced items to minors. Teresa Kirsch stated the case count is trending up with more cases this year than last, but fewer deaths. There have been 5,423 COVID cases in Beverly, with 4,890 recovered, and 232 deaths. She manages cases as they come in, shifting priority to children and their families, daycares, and schools per MDPH. She continues to collaborate with the other North Shore Nurses at clinics in Beverly, Danvers, Marblehead, Salem, and Swampscott. Attorney Jeremy Cohen spoke about the Board agreeing to accommodate the chickens at 74 Lothrop St as emotional support animals for the child who resides there. Mr. Dole stated the situation is not applicable to neither the ADA nor the Fair Housing Act. Mr. Cohen disagreed, and said if the Board agrees to permit the animals, the owners will not pursue the matter of the roosters being removed, and they will voluntarily cap the number of chickens at six. He believes there is both Federal and State law supporting that reasonable accommodations be made. He also challenged the Board on the required distances in the ordinance. Several neighbors and abutters spoke against allowing the animal permit. They argued that they are not support animals under any laws or regulations and the neighborhood was not a suitable environment. Mr. Alpine recommended a motion to deny and remove the animals. Mr. Burke reminded Attorneys Rabbitt and Cohen that he had tried to work on a solution prior to the first meeting on this matter, and Mr. Wilson never responded. Ms. Higgins recalled that Animal Control found the conditions of the coop were not satisfactory. Ms. Higgins motioned to deny approval of the license and to order the animals be removed within 14 days. Mr. Alpine seconded. Ms. Higgins motioned to adjourn the meeting. Mr. Alpine seconded. The meeting was adjourned at 6:32p.m. The next scheduled meeting is January, 2022. Respectfully submitted, Karen Alpine