BOH minutes 5-23-23 City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Date: May 23,2023
Place: Beverly Council on Aging Building Suites A& B
Board members present: Dr.Justin Jordan,Dr. Sheryl Silva,Rachel Morse
Others present: Laura DelleChiaie,Director, Teresa Kirsch,Public Health Nurse,Joyce Redford,North
Shore/Cape Ann Tobacco Policy Program,Beth Oldmixon,Assistant City Solicitor,Matt Lipinski,Animal
Control Officer
Recorder: Lynne DePiero
Dr. Jordan called the meeting to order at 7:OOp.m.
The minutes of the April 19, 2023 meeting were approved.
Mr. and Mrs. Armstrong of 23 Pershing Avenue were present for the review of their keeping of animals
application requesting 8 chickens.Neighbors abutting the property from 21, 25 and 27 Pershing Avenue
showed up to oppose the granting of the permit. Their concerns were with smell, attracting wildlife such
as coyotes, foxes and rats, as well as bugs. They also had concerns that their property values could
decrease. Ms. Armstrong informed the Board that the chickens will be in the coop area and not free
roaming. They are looking into a plastic structure so it will not be permanent and can be easily cleaned.
They are renters and plan to disassemble the coop if they move. Mr. Lipinski said he had no issues with
the request and if everything is done properly there are no nuisances. The request was reviewed by the
Board. Dr. Silva motioned to approve a conditional permit with a 6-month check in inspection with Mr.
Lipinski -Ms. Morse seconded—all in favor -the application was approved.
Gateway Condos representative was in attendance for the lifeguard waiver request. He stated that they
have been waived for the past 17 years, nothing has changed, and they have locking gates and a
surrounding fence. Ms. Morse motioned to approve, Dr. Silva seconded—all in favor -life guard waiver
was approved.
The Lobby Shop was present to discuss the violation of selling tobacco to a person under the age of 21
($1,000. fine) and selling tobacco without a valid retail tobacco license from the City of Beverly($1,000.
fine). The Lobby Shop had also submitted an application for a tobacco license. The Lobby Shop stated
that they had their state Department of Revenue (DOR) license to sell tobacco and was unaware there
was a local license needed. The Board asked how they intend to not sell to underage customers again.
They explained they have a locked cabinet and surveillance cameras are coming. The Board agreed that
the $1,000. fine for the violation of selling to a person under the legal age stands. The violation of
$1,000. for not having a valid City of Beverly tobacco license will be waived, but still recorded on their
record as a second offense. The Lobby Shop's tobacco license application was approved,with one
amendment from Ms. Oldmixon that the $1,000. fine be paid before processing their tobacco license.
Ms. Morse motioned to approve, Dr. Silva seconded—all in favor—license approved contingent on
paying $1,000. fine.
Open Public Hearing to adopt a new regulation restricting marijuana and marijuana products where sales
are not in compliance with the regulations of the Cannabis Control Commission. The hearing was
opened at 7:45pm. The Board reviewed the new regulation and had made several amendments to the
document:
Section C —Definitions: Designated Agent of the Board of Health: the Director of Public Health
and any person or entity, including health department staff, law enforcement officers, and
designated agent of the Board to carry out the provisions of this regulation.
Section E—#6—leave in "egregious"
Section E - #9i -take out"including the Beverly Police Department"
Section E—#11- The fines and penalties established herein shall not limit the Board's ability to
suspend or permanently revoke a permit when, in the discretion of the Board,the circumstances
or events underlying any violation warrant such suspension or revocation.
Renumber Section E
Effective date is May 24, 2023 and add all titles to signature page
Ms. Morse motioned to approve the regulation with the above amendments - Dr. Silva seconded—all in
favor -the regulation was approved—Public hearing closed at 8:15pm.
Open Public Hearing to adopt a new regulation prohibiting the manufacture, sale, or distribution of
synthetically derived cannabinoids. The hearing was opened at 8:15pm. The Board reviewed the new
regulation and had made several amendments to the document:
Take out"derived" throughout the regulation where it states "synthetically derived cannabinoids"
to read"synthetic cannabinoids."
Section B —Definitions: Designated Agent of the Board of Health: the Director of Public Health
and any person or entity, including health department staff, law enforcement officers, and
designated agent of the Board to carry out the provisions of this regulation.
Section B—Definitions: Synthetic (take out"Derived") Cannabinoid: Any cannabinoid that is
altered or created by a chemical reaction. Synthetic Cannabinoids include but are not limited to
delta-8 and delta-10.
Section D —#5 -leave in"egregious"
Section D - #9i -take out"including the Beverly Police Department"
Section D —#11- The fines and penalties established herein shall not limit the Board's ability to
suspend or permanently revoke a permit when, in the discretion of the Board, the circumstances
or events underlying any violation warrant such suspension or revocation.
Renumber Section D
Effective date is June 21, 2023 and add all Board members' titles and credentials to signature
page
Ms. Morse motioned to approve the regulation with the approved amendments, Dr. Silva seconded—all
in favor-the regulation was approved—Public hearing closed at 8:35pm.
Open Public Hearing to update the existing regulation of the sale of tobacco products. The hearing was
opened at 8:35pm. The Board reviewed the updated regulation and had made several amendments to the
document:
Section A (last paragraph)—change the date to June 1, 2022
Flip Section D & E
Section D - #2 —take out"in control"
Section D - #2 -Add#3 before Required Signage
Renumber Section D
Section E - #5 —New paragraph should read: A tobacco product sales permit issued pursuant to
this regulation is non-transferable upon the sale of a permitted establishment without permission
from the Board. A new owner of an establishment that sold tobacco products under the prior
owner's permit must apply for a new permit within thirty (30) days of acquiring the business.
The purchaser shall not sell tobacco products until the transfer of the permit is approved by the
Board. No new permit will be issued to a new owner unless and until all outstanding penalties
incurred by the previous business owner are satisfied in full. Failure to submit a completed
application within thirty (30) calendar days of purchase will result in the retirement of the permit
held by the previous owner.
Section E—change#9 to #10
Section E - #9i (change to l0i)— change thirty-eight to thirty-nine (39)
Section E - #9iii (move up to be #9)—add after shall not"be issued" also move this section to
stand alone as 99
Section E - 49iv (change to 10iii)—keep in "only"
Section E - #9vi —delete this whole section and renumber remaining sections
Section R- #6—leave in egregious
Section R - #9i -take out"including the Beverly Police Department"
Section R - #10 - The fines and penalties established herein shall not limit the Board's ability to
suspend or permanently revoke a permit when, in the discretion of the Board, the circumstances
or events underlying any violation warrant such suspension or revocation.
Section S — delete this section—re-letter T and U to S and T
Effective date is June 21, 2023 and add all titles and credentials of the Board members to the
signature page
Ms. Morse motioned to approve the revised tobacco regulation with the above amendments, Dr. Silva
seconded— all in favor-the revised regulation was approved—Public hearing closed at 9:15pm.
The Board decided to table discussions regarding dumpster regulations, opioid funds, anti-racism efforts
in public health and mental health discussions until the next Board meeting on June 21, 2023.
Ms. DelleChiaie reported that the Health Department hired a third Sanitarian, Lauren Roche, her start
date was May 22, 2023. She also noted that the camps,pools and beach inspections were in the works.
Teresa Kirsch, Public Health Nurse,Updates for the Board:
As of May 11, 2023 the COVID-19 Public Health Emergency has expired.
Ms. Kirsch has been receiving camp applications and approximately 25 will need to be inspected and
permitted. She is working with Mr. Stephen Casey, Sanitarian, to help permit local body artists. The
North Shore Public Health Nurse's (PHN's)hosted a lunch today for the Medical Reserve Corp.
volunteers that assisted with COVID clinics. Each volunteer received a challenge coin and a certificate
signed by former Governor Baker. Direct Observation Therapy(DOT)will continue through June 6
when the patient is re-evaluated to see if further assistance is needed. She is working with North Shore
nurses to reestablish home visits for the North Shore Mother Visiting Partnership. She is also working
with the contact tracing grant employees to launch WE CARE, an outreach program providing phone
calls to seniors in our communities to combat loneliness and isolation. Ms. Kirsch showed the Board the
community naloxone kit that are available to anyone that needs one. Ms. Kirsch continues to investigate
infectious disease reports through Mass. Virtual Epidemiologic Network(MAVEN) and by providers.
Dr. Silva motioned to adjoin the meeting -Ms. Morse seconded—All in favor.
The meeting was adjourned at 9:30 P.M.
The next meeting will be scheduled for June 21, 2023.
Respectfully submitted,
Lynne DePiero
Secretary I