Board of Health

Easthampton Board of Health Meeting Minutes May 17, 2023 50 Payson Ave., Easthampton, MA 01027 PRESENT: Maggie Hebert (MH), Beth Rist (BR), Brian Chapdelaine (BC), Interim Health Director, Jackie Sienkiewicz, recorder. Absent: Aimee Petrosky Also Present: Thomas Brown (TB), Judith LeBel (JL), Allison Egan (AE), Emily Russo (ER) Meeting held remotely by Google Meet. Motions A motion to open the meeting at 5:31 PM was made by BR and seconded by MH. All in favor – 2, Opposed – 0. Vote was taken by roll call. A motion to accept the meeting minutes of February 27, 2023, was made by BR and seconded by MH. All in favor – 2, Opposed – 0. Vote was taken by roll call. Public Speak: None A motion to suspend the BOH meeting at 5:35 was made by BR and seconded by MH. All in favor – 2, Opposed – 0. Vote was taken by roll call. A motion to open the public hearing for the St. Brigid’s Cemetery Expansion at 5:36 was made by MH and seconded by BR. All in favor – 2, Opposed – 0. Vote was taken by roll call. Public Speak: TB introduced himself as the Chair of the Finance Council for Our Lady of the Valley Parish and was able to answer any questions. BC stated that Our Lady of the Valley Parish, who runs the St. Brigid’s Cemetery located at 109 Everett St., is looking to expand the cemetery. The expansion would be about an acre of land and include a hundred foot buffer zone, consisting of tree removal, site grading and installation of waste management structures such as basins and the construction of a 16 foot wide cul de sac and a chapel building. As per Mass General Law in Chapter 121, Section 40 of the Massachusetts Wetlands Protection Act, this public hearing is to allow any concerns or issues from the public regarding this expansion and to seek the approval of the Board of Health. The Conservation Commission and the Mass DEP have already signed off on the project. If the BOH approves of the project, then this would then go to the City Council and then the Mayor. BC responded to MH questions regarding any email or phone concerns sent to the office by stating that only one call into the office with any concerns. That resident was concerned about the City taking her property in order for this project to go forward. BC said that he explained to the residents that the expansion would be on property already owned by the Roman Catholic Church of Springfield. TB addressed the question from the Board concerning the chapel building. TB stated that the chapel would be about halfway down on the right. The design calls for the construction of a small capel that will have a variety of events there. Primarily for ceremonies on Vetern’s Day, Memorial Day and such and when a funeral service will be held on site as opposed to having one at a church. TB compared the chapel to the one located at St Stanislaus Cemetery. A motion was made by BR and seconded by MH to approve the plan for the expansion and construction for the St. Brigid’s Cemetery at 109 Everett St property including the chapel building. All in favor – 2, Opposed – 0. Vote was taken by roll call. TB commented that this had been an unusual process since all the cemeteries in Easthampton are over 100 years old, no living person in the City has had to permit a cemetery. TB requested a letter be sent to confirm the approval by the BOH. BC also said that in addition to the letter he would let the City Council and the Mayor know as well. A motion was made by BR and seconded by MH to close the hearing for the St. Brigid’s Cemetery expansion at 5:44 PM. All in favor – 2, Opposed – 0. Vote was taken by roll call. A motion was made to reopen the Board of Health meeting at 5:45 by MH and seconded by BR. All in favor – 2, Opposed – 0. Vote was taken by roll call. ● Big E’s request to use ingredient/allergen sign in place of labeling individually wrapped bakery foods: BC explained to the BOH that the state food codes require packaged food items have a label attached with certain things listed, such as the name of the product, the company making the item, weight and ingredients. BC stated that during routine inspections in April of 2022 and again in April of 2023 that he noticed individually wrapped items, such as bagel, muffins and assorted pastries displayed in baskets in the bakery department without labels. Both owners of Big E’s pointed out the sign placed on top of the shelf above the  packaged products, listing all the information. BC said that prior to the pandemic, these items were kept loosely in bins and available to take with tongs and placed in bags, which is allowed in the food code. These bins. BC stated that the state food code, in this case, only requires a label on each bin with the list of ingredients and allergens. BC said that because these items were now packaged he had to cite on each inspection. JL introduced herself as one of the owners of Big E’s. JL stated that after the pandemic, they felt that having these items individually wrapped was more sanitary. JL explained that the labels they have are costly and would be labor intensive to place on each item. JL showed the Board the sign used to list the ingredients. JL asked the Board to consider granting a waiver on having to put a label on each of these individually wrapped items and allow the sign that they have in place instead. She stated that the items stayed fresher and from their standpoint more sanitary. MH said that while she understood Big E’s reasoning, this is a state code and the Board cannot be more lenient on state codes. MH said that coming from a nursing background; she understands the need to have labels to help identify potential allergens in a food item. JL, BC and the Board discussed the options of other labels other than the oversized bakery labels currently being used. BC stated that he would confirm the need of a size requirement for the label going forward. JL said that Big E’s would look into a smaller less expensive label to be in compliance. ● Updated language in Body Art Regulations to give discretion to the Director and/or Board of Health Agent to approve items that do not require a variance: BC reviewed changes in the Body Art Regulations,(attached), previously discussed with the Board and approved by the City Attorney, giving the Health Director and Health Agent authority to approve specific sections of the Regulations without Board approval that did not require a variance. A motion to accept the updated language and Body Art Regulations to give discretion to the Director and/or Board of Health Agent to approve of items that do not require a variance, was made by BR and seconded by MH. All in favor – 2, Opposed – 0. Vote taken by roll call. ● Old Colony Package Store & Union Mart- Tobacco youth compliance violations observed by the PVTC: BC explained to the Board that the PVTC, Pioneer Valley Tobacco Coalition, the enforcement agency for tobacco and nicotine, observed violations in both Old Colony Package Store and Union Mart. BC stated that he was notified by email, (attached), that purchases were made at both locations without getting an ID or having age verified. Violations for a first offense comes  with a $1000.00 fine and a suspension of their tobacco permit for up to 30 days. BC explained that the amount of time the tobacco permit was suspended would be at the discretion of the BOH. Since all enforcement was suspended for nearly three years, due to Covid, all violations were considered a first time. The BOH was reminded that violations can appeal to the BOH. BC stated that he would send out by certified mail, a letter to both businesses with the proper regulations about paying the fine, removing product and appealing the violation. A motion was made by BR and seconded by MH to uphold the decision to implement the one thousand dollar fine and a three-day suspension of the tobacco permit, pending the appeal time for Old Colony Package Store and Union Mart. Dates of the tobacco permit suspension will be determined after any appeals. All in favor – 2, Opposed – 0. Vote taken by roll call. ● Update from the Health Director/Health Director Resignation/ Discuss Interim Director: BC updated the Board concerning the ongoing housing issues of 40 Church St. BC reminded the Board of the fire in 2021 that resulted in the condemnation and removal of the house. BC said that the owner never complied with requirements from various departments, including the Health Department in order to maintain temporary housing on the site. On May 8, 2023, the owner was ordered by the court to remove the RV off the property within two weeks. BC stated that he drove by the property that morning and the RV was still there. If the RV was not removed by the due date, another court date would be sought. BC informed the Board that he received an email from Meridith O’Leary, from the PVTC, that the Mass Department of Revenue had seized untaxed nicotine products that Valley Farms Convenience Store on Northampton Street was in possession of. The State is suspending their electronic delivery systems retailers’ license for a period of sixty days, starting June 15, 2023. BC said that he would do sporadic inspections during that 50 days. BC said that this year he said that there would be about ten summer camps permitted. Bridget Diggins, the public health nurse, would be assisting in the camp inspections again. BC discussed the upcoming summer events. ● Interview w/Allison Egan for Director of Health position: AE introduced herself to the Board and gave a brief background on her background in the health field. AE then asked for the Board and staff to tell her about themselves as well. ● Discussion regarding scheduling future Board of Health hearing: The Board discussed the need for a set time each month to hold meetings, stating that it would make it easier to schedule and plan. MH and BR discussed their work schedules and what might work best to keep the meetings consistent.  ● Items not reasonably anticipated by the chair 48 hours in advance of the Board of Health meeting: None A motion to close the meeting at 6:49 PM was made by BR and seconded by MH. All in favor – 2, Opposed – 0. Vote taken by roll call. NEXT MEETING: TBD