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BOH minutes 12-21-2022 City of Beverly, Massachusetts Public Meeting Minutes Board: Board of Health Date: December 21,2022 Place: Beverly Council on Aging Building Suites A& B Board members present:Dr.Justin Jordan MD,Ms.Susan Higgins Others present: William Burke,Director of Public Health,Teresa Kirsch,Public Health Nurse, Joyce Redford,North Shore Tobacco Control,Beth Oldmixon,Assistant City Solicitor Recorder: Lynne DePiero Dr. Jordan called the meeting to order at 6:31 p.m. The minutes of the November 9, 2022 meeting were approved and accepted. Attorney, Jack Altshuler on behalf on Gregory Ward (Landlord) —47 Cabot Street,Unit B requested a hearing regarding the November 3, 2022 complaint inspection that was filed by tenant, Danielle Messina: At the time of the hearing the tenant, Danielle Messina was not present. Attorney Altshuler explained that Ms. Messina was issued and served an eviction notice on October 26, 2022 and then a couple of days later she called and placed the complaint. She is behind on her rent, as of today, $6,400. He explained that the end of Cabot Street has been dug up and has had a rat/mice problem. The landlord has made attempts to fix issues in the apartment but tenant has been uncooperative with letting people in, she also had changed the locks and did not issue the landlord a new key. The landlord has a demolition permit that he will be using the spring 2023 to take down the building—all tenants are aware of this and are working with the landlord. Attorney Altshuler requested that the Board have Ms. Messina give the landlord a key so if there was an issue or emergency he would be able to gain access to the apartment. Mr. Burke said there is a code requirement that a tenant has to give reasonable access to landlords to do repairs. Mr. Burke also suggested that the landlord use pest control, which that landlord said that there isn't a pest issue as of now. Mr. Burke is going to send a letter to the tenant, Ms. Messina, stating that she needs to allow the landlord reasonable access to her apartment in order to make the repairs and reset the timeline. Ms. Messina showed up later in the meeting and the Board let her share her side of the story. She explained that the other tenants work for the landlord. She talks directly to the lawyer not to the landlord, she stopped paying rent because the landlord wouldn't fix anything. The landlord called the police on her because she wouldn't let maintenance in. She stated that she changed the locks because she didn't want maintenance having access when she wasn't home. Dr. Jordan explained the landlord should have access —Ms. Messina agreed—he also said the landlord is willing to make the repairs and she stated she wanted to be there when they did. Mr. Burke explained the letter he would be sending out. Payal Savalia, Owner of Cabot Smoke Shop Hearing—Notice of Intent to suspend or revoke tobacco sales permit. The following documents were reviewed by the Board: Notice of Intent to suspend or revoke the permit August 27, 2021 Board notice of suspension to permit holder August 24, 2022 Board notice of suspension to permit holder July 19, 2022 Massachusetts Department of Revenue ("DOR") 90 Day suspension of electronic nicotine delivery systems retailer's license issued to permit holder July 19, 2022 DOR 30 day suspension of cigarette/smokeless tobacco retailer's license issued to permit holder One photograph of product sold by the permit holder to a youth and 27 photographs of products found within the permit holders store during an October 18, 2022 inspection. Ms. Beth Oldmixon (Assistant City Solicitor)represented the City of Beverly and Attorney Brent Bass represented the permit holder, Cabot Smoke Shop. Ms. Oldmixon called Ms. Joyce Redford (North Shore/Cape Ann Tobacco Policy Program)to testify. Ms. Redford has been working within the tobacco policy program for 24 years. The program assists the Cape Ann area Board's of Health with state and local tobacco and nicotine regulations and enforcement. Ms. Redford stated the following information. On July 13, 2021 the program conducted a compliance check of the permit holder. During this check a youth was allowed to enter the Adult Only(21+) establishment and purchase a tobacco product. On August 27, 2021 the Board issued a 7 day suspension (violation for the July 13, 2021) and a $2,000. fine (it was the second violation in 36 months). Then on August 3, 2022 the program conducted a routine compliance check and a youth was allowed to enter the establishment without being asked their age. The youth requested a flavored nicotine product to which they were told by the store employee to come back at night. On August 24, 2022 the Board issued a 3 day suspension and$1,000. (for the August 3, 2022 violation). On September 22, 2022 the program conducted a targeted compliance check of the permit holder. On this date a youth was allowed to enter the establishment, was sold a flavored product containing nicotine,which was not on the shelf, the employee went in the back to get the product and then instructed the youth to put it in her pocket before leaving the store. The DOR conducted a compliance check on June 14, 2022 and as a result issued a 30 day suspension for the Cigarette/Smokeless Tobacco Retailer's License and a 90 day suspension of the Electronic Nicotine Delivery Systems Retailers License. The permit holder appealed both suspensions. On October 18, 2022 the North Shore Tobacco Program and the DOR conducted a joint inspection. The Board reviewed photos and heard the description of all the products found at the inspection, flavored products containing nicotine (same that were sold to a youth on September 22, 2022), flavored tobacco products,tobacco product flavor enhancers. They also found shopping bags and boxes of products in the basement and backroom, consisting of flavored products containing nicotine, flavored nicotine pouches, flavored tobacco containing nicotine and tobacco product flavor enhancers and blunt wrappers. Estimated products was more than one thousand. One of the products in the pictures was only available starting in 2021. The flavored products found on October 18, 2022 are similar to the products found by the DOR on June 14, 2022. The owners have purchased an ID scanner to assist with sales. They have dismissed the sales associate who was not verifying customer ages. They are drafting a policy and procedures document to prevent underage sales again. The owner stated that products in bags and boxes in the backroom and basement were products that were there prior to June 2019 when the state law changed banning all flavored products from sales. They also said that due to COVID restrictions that products had not been returned to the manufacturer. The Board discussed their role to protect the public health for the City of Beverly and that the permit holder has to be knowledgeable of the laws and regulations surrounding a permit. The permit holder had several violations for the same offense against them. After finding clear evidence of all the violations, which were repeated, egregious and serious, Ms. Higgins moved to issue an order to permanently revoke the tobacco and sales permit issued to JayJenny Corporation d/b/a Cabot Smoke Shop located at 196 Cabot Street, Beverly,MA effective upon issuance of a written order. Dr. Jordan seconded the motion. Teresa Kirsch, Public Health Nurse updates for the Board: The 7-day average/100K(12/11/22-12/17/22) Covid case reports were at 17.04%, and the 14-day average/100K(12/4/22-12/17/22) cases reported were at 19.70%. The Covid numbers to date (12/19/22) in Beverly are 10,962 total cases confirmed, 239 deaths, 10,647 confirmed cases who have recovered and 807 probable cases. The North Shore Public Health Nurses (NS PHN's) hosted three COVID booster clinics— Beverly Senior Center 11/15/22, 2:30-5:30pm, Salem Community Life Center 11/16/22, 9:00- 11:00am and Danvers Senior Center 11/17/22, 2:00-5:OOpm. 220 individuals were vaccinated. Flu-vaccines were also available and well-received. An additional covid/flu clinic was held in Peabody and over 100 individuals were vaccinated. Confirmed cases of covid were trending up in recent weeks. Influenza is active in all ages. PHN continues infectious disease investigations as reported through MAVEN and providers. PHN is preparing for Body Art yearly inspections without the support of an experienced inspector. Mr. Burke had some updates—He met with the Mayor, Bruce Doig and Jocelyn Ruelle-Kersker and was asked if he would review candidates for his job. He expressed concerns on current staff needs. Identified two possible new Board members, Rachel Morse and Dr. Sheryl Silva. Mr. Burke thanked past and present Board members and staff. Ms. Higgins thanked Mr. Burke too and wished him well. Ms. Higgins and Mr. Burke both wished Dr. Jordan the best and said the city has been lucky to have him and are happy for all of the new opportunities he will have. Dr. Jordan had his first meeting with the Chairs of Boards on November 28, 2022 which he said was superb, lots of valuable information shared. Dr. Jordan asked if it was possible to have more than 3 members on the Board. Ms. Oldmixon said it may be special legislation and would follow up. Ms. Higgins motioned to adjoin the meeting. Dr. Jordan seconded. The meeting was adjourned at 9:00 P.M. The next meeting will be scheduled for January 18, 2023 Respectfully submitted, Lynne DePiero